Ankle decisions — 2013

The Board has determined that the Veteran's service-connected chronic right ankle strain with scar, residual of surgery, does not warrant a disability rating in excess of 10 percent.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 are denied due to failure to report for a VA examination, while his claim of new and material evidence is granted.

The Veteran's service-connected right ankle DJD is rated at 10 percent since September 19, 2008.

The Board has determined that there is no evidence of a current disability related to service, and thus denied the Veteran's claims for service connection.

The Board denied the Veteran's claims for service connection for various disabilities, including PTSD and acquired psychiatric disorders, as well as his secondary service connection claims. The back disability was not found to be related to a right elbow disability, nor were any of the other claimed disabilities found to be related to or aggravated by the right elbow disability.

The Board has remanded the case for additional development due to inadequate examination reports. The appellant's back and ankle disabilities are being evaluated again, with a focus on whether they are related to his service-connected knee disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the nature and etiology of his right ankle disabilities.

The Veteran's service-connected left ankle strain, DJD of the left knee previously tendonitis, postoperative (P/O), DJD of the right knee previously tendonitis, postoperative (P/O), and DJD of the right knee with limited extension are all rated at 10 percent. The cervical spine DDD and DJD is rated at 10 percent.

The Veteran does not have a current diagnosis of right ankle arthritis and the preponderance of evidence shows that his service-connected right ankle fracture residuals do not meet the criteria for an increased rating. The claim is denied.

The Veteran's appeal was dismissed due to her death during the pendency of the appeal.

The Board has determined that the Veteran's left ankle sprain was incurred in active service and granted service connection for this condition. The claim of secondary service connection for a left leg disability is also granted.

The Board finds that the Veteran's preexisting left ankle disability was aggravated during service, warranting service connection.

The Veteran's service connection claims for low back disorder, asthma, PTSD, knee disorders, ankle disorders, shoulder disorders, bilateral pes planus, and hypertension have been granted with initial disability ratings effective October 1, 2007.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining updated VA examination reports and any outstanding treatment records. The Veteran's TDIU claim is also inextricably intertwined with his right ankle disability claim.

The Veteran's appeal is being remanded to the RO for further action, including scheduling a videoconference hearing before a Veterans Law Judge at the Indianapolis RO.

The Board denied the Veteran's claim for a separate rating for diabetic nephropathy, finding that there is no evidence of active renal dysfunction associated with her diabetes.

The Board has denied the Veteran's claims for service connection for various musculoskeletal conditions, including neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the right knee, left knee, cervical spine disability, bulging disc and herniation, degenerative changes of the right ankle, left ankle, and thoracic paravertebral myositis (claimed as thoracic lordosis).

The Veteran's service-connected right ankle sprain has been rated as 10 percent disabling since March 14, 2006. The disability is currently manifested by complaints of limitation of motion and pain; objectively, the Veteran has had at most limitation of dorsiflexion to 6 degrees and plantar flexion to 40 degrees.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran is currently receiving a 50% rating for her migraine headaches, which is the maximum schedular rating allowed.

The Veteran's appeal of all remaining issues has been withdrawn by his authorized representative.